In Re: Named Involuntary Steven Wayne Bonilla

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NOT FOR PUBLICATION

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UNITED STATES BANKRUPTCY COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re ) Misc. File No. 19-202

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Named Involuntary Petitioner )

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STEVEN WAYNE BONILLA )

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MEMORANDUM OPINION AND DECISION ON

13 MOTION FOR RELIEF PURSUANT TO FEDERAL RULE

OF CIVIL PROCEDURE 60(b) AND FEDERAL RULE OF

14 BANKRUPTCY PROCEDURE 9024

15 On August 22, 2019, this court entered its Order concerning the ninety-eight (98) Involuntary

16 Bankruptcy Petition Forms (Form 105s) delivered to this court by Steven Wayne Bonilla. Order,

17 Dckt. 121. The Form 105s name various federal and state judges and justices as the target debtors

18 (“Form 105 Targets”) for the involuntary bankruptcy cases Mr. Bonilla seeks to commence. The

19 court provided a thirty-nine (39) page Memorandum Opinion and Decision and Order thereon

20 addressing the Form 105s, the requirements for a person to qualify to commence involuntary

21 bankruptcy cases, and the non-bankruptcy issues Mr. Bonilla was presenting to the court. Dckt. 120.

22 On September 6, 2019, Mr. Bonilla filed with the court a document titled “In Response to The

23 Court Order Filed on August 22, 2019.” The court having issued its order on August 22, 2019, there

24 is no further briefing or arguing those issues with the court. Therefore, there is no “Response” to be

25 filed.

26 Reviewing this document, the court construes it to be in the nature of a Motion for Relief

27 From the Prior Order as permitted under Federal Rule of Civil Procedure 60(b), as incorporated by

28 Federal Rule of Bankruptcy Procedure 9024. The court considers this document as such a request

1 pursuant to Federal Rule of Civil Procedure 60(b).1

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REQUIREMENTS FOR RELIEF PURSUANT

3 TO FEDERAL RULE OF CIVIL PROCEDURE 60(b).

4 The court reconsidering or vacating a judgment or order is governed by Federal Rule of Civil

5 Procedure 60(b), as made applicable in this case by Federal Rule of Bankruptcy Procedure 9024,

6 which incorporates minor modifications that do not apply here. Grounds for relief from a final

7 judgment, order, or other proceeding are limited to:

8 (1) Mistake, inadvertence, surprise, or excusable neglect;

9 (2) Newly discovered evidence that, with reasonable diligence, could not have been

discovered in time to move for a new trial under Rule 59(b);

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(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or

11 misconduct by an opposing party;

12 (4) The judgment is void;

13 (5) The judgment has been satisfied, released, or discharged; it is based on an earlier

judgment that has been reversed or vacated; or applying in prospectively is no longer

14 equitable; or

15 (6) Any other reason that justifies relief.

16 Fed. R. Civ. P. 60(b). The court uses equitable principles when applying Rule 60(b)Fed. R. Civ. P.

17 60(b). See 11 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 2857 (3rd ed.

18 1998). A precondition to the granting of such relief is that the movant show that he or she has a

19 meritious claim or defense. See 12-60 MOORE’S FEDERAL PRACTICE CIVIL § 60.24; Brandt v.

20 American Bankers Insurance Company of Florida, 653 F.3d 1108, 111 (9th Cir. 2011); Falk v. Allen,

21 739 F.2d 461, 462 (9th Cir. 1984) (“We agree with the Third Circuit that three factors should be

22 evaluated in considering a motion to reopen a default judgment under Rule 60(b): (1) whether the

23 plaintiff will be prejudiced, (2) whether the defendant has a meritorious defense, and (3) whether

24 culpable conduct of the defendant led to the default. See Gross v. Stereo Component Systems,

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1 Though the Request for Relief was filed on September 6, 2019, due to the personal and

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judicial commitments of the judge, as well as unanticipated judicial administrative matters for

27 the District, the court had not been able to dedicate focused time to consider what Mr. Bonilla

has provided until late in September 2019. As with the Memorandum Opinion and Decision and

28 Order Thereon (Dckt. 120), the issues are complex and have been given proper consideration.

1 700 F.2d 120, 122 (3d Cir. 1983) ("Gross"); see also United Coin Meter v. Seaboard Coastline R.R.,

2 705 F.2d 839, 845 (6th Cir. 1983)(adopting Third Circuit test.)”).

3 Additionally, the Ninth Circuit Court of Appeals has instructed in Aurich American Insurance

4 Company v. International Fibercom, Inc. (In re International Fibercom, Inc.) 503 F.3d 933, 941

5 (9th Cir. 2007):

6 We have stated in the past that Rule 60(b)(6) should be "liberally applied,"

Hammer, 940 F.2d at 525, "to accomplish justice." Yanow v. Weyerhaeuser S.S. Co.,

7 274 F.2d 274, 284 (9th Cir. 1959) (quoting Klapprott v. United States, 335 U.S. 601,

615, 69 S. Ct. 384, 93 L. Ed. 266 (1949)). At the same time, "[j]udgments are not

8 often set aside under Rule 60(b)(6)." Latshaw v. Trainer Wortham & Co., 452 F.3d

1097, 1103 (9th Cir. 2006). Rather, Rule 60(b)(6) should be "'used sparingly as an

9 equitable remedy to prevent manifest injustice' and 'is to be utilized only where

extraordinary circumstances prevented a party from taking timely action to prevent

10 or correct an erroneous judgment.'" United States v. Washington, 394 F.3d 1152, 1157

(9th Cir. 2005) (quoting United States v. Alpine Land & Reservoir Co., 984 F.2d

11 1047, 1049 (9th Cir. 1993)). Accordingly, a party who moves for such relief "must

demonstrate both injury and circumstances beyond his control that prevented him

12 from proceeding with . . . the action in a proper fashion." Cmty. Dental Servs. v. Tani,

282 F.3d 1164, 1168 (9th Cir. 2002).

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GROUNDS STATED IN SEPTEMBER 8, 2019

14 FILED MOTION TO RECONSIDER “RESPONSE”

15 Mr. Bonilla’s Motion to Reconsider “Response” document is eighty-two (82) pages in length.

16 The first twenty (20) pages are his arguments, which are then supported by sixty-two (62) pages of

17 exhibits. The court summarizes Mr. Bonilla’s arguments as follows:

18 A. The relief sought from this bankruptcy court by Mr. Bonilla is stated to be:

19 “When the [Form 105 Targets] are required to perform an act of which

the law recognizes as a duty the creditors have a legal right to seek a

20 remedy for the breach of those duties, as well as a remedy for

damages, under contract Law. Which this Honorable Court is required

21 to enforce under the Equal Protection of Law Clause of the Fourteenth

Amendment.”

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Response at p. 2:7-13, Dckt. 123.

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B. With respect to the issues between Mr. Bonilla and the From 105 Targets, Mr. Bonilla

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states:

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Pursuant to case Law holdings in Macmillan v. Griffin, 99 Cal.App.

26 2d 523, 222 P.2d 69; 1950 Cal. App. LEXIS 1740] , the law clearly

recognizes the duty of the judge to declare a judgment void, if the

27 parties admit or stipulate, or fail to object to the evidence of the facts

showing a lack of jurisdiction, it is then established that the judgment

28 is void as effectively as though shown by the record; and whenever

1 such fact is brought to the attention of the judge, it is the judge’s duty

to declare the judgment void as a matter of law.

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Id., p. 2:14-22.

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C. Mr. Bonilla states that the law provides that where the parties have stipulated or

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admitted facts showing a lack of jurisdiction, an order is void, and when that is

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brought to the attention of a judge, it is the judge’s duty to declare the order void as

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a matter of law. Id. at p. 2:23-26.

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D. Thus, Mr. Bonilla concludes that because he believes that all of the federal and state

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judges and justices were shown that the State Court which issued his conviction was

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“without jurisdiction,” each had an obligation to declare that conviction void. Id. at

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pp. 2:27-28, 3:1. This is based on Mr. Bonilla having sent each of the judges a copy

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of the FBI agents admission that there was no federal grand jury subpoena. Id. at p. 3:

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2-4.

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E. Based on the above assertion that there was no subpoena, then the State Court had no

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jurisdiction to enter his conviction for violation of the State criminal laws. Id. at

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p.3:4. When presented with this FBI “admission,” each federal and judge and justice

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had an obligation to declare his criminal conviction void. Id. at p. 3:6-13.

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F. Additionally, Mr. Bonilla asserts that he provided each of the Form 105 Targets with

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the State Attorney General’s admission that the alleged federal grand jury subpoena

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was not made a part of the State Court trial record in the case which resulted in his

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conviction, which shows a lack of jurisdiction of the State Court. Id. at p. 3:14-20.

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G. Because there was a lack of State Court jurisdiction in the action in which his criminal

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conviction was entered, the various state and federal judges and justices who are the

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Form 105 Targets have,

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[c]learly violated statutory law, my Constitutional rights, their oath of

25 office, due to them being bias/prejudice, against pro se, indigent,

minority prisoners, are the reasons why they are being forced into

26 bankruptcy to do the specific performance of declaring the judgment

void or declaring the state judge’s order void, as a duty recognized by

27 by [sic] law that is owed to the Petitioner, Steven Wayne Bonilla/me.”

28 Id. at p. 3:21-28, 4:1-2.

1 H. Mr. Bonilla asserts that he is not requesting that the court order him released or to

2 vacate the State Court conviction. Id. at p. 4:3-4. Further, Mr. Bonilla is asserting

3 that he is not requesting that this bankruptcy court declare his State Court conviction

4 void. Id. at p. 4:20-23.2

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6 2 This statement is contradicted by the demands for relief asserted in the further pleading

filed by Mr. Bonilla on September 23, 2019, which is the subject of a separate Memorandum

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Decision and Order of this court. In that pleading for “Expedited Review of Fraud Committed

8 on the Court” (Dckt. 126), Mr. Bonilla expressly requests that the judge of the Bankruptcy Court

to (identified by the paragraph number in the pleading):

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“(4) The [bankruptcy court] to grant damages against all actors to include

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performance of the owning debtors/judges, and/or order actors/agents to abide by

11 the law/as a matter of law and declare the judgment [the State Court criminal

conviction] void.” Dckt. 126, p. 6.

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“(5) The [bankruptcy court] to order [Mr. Bonilla’s] immediate release, due to the

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verified factors put forth in this petition, as a matter of well established law and in

14 the interest of justice or make it part of the relief owed to the Petitioner by the

debtors/judges.” Id.

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“(7) The [bankruptcy court] to order the proper investigation into all afore stated

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unlawful/unconstitutional violations, while acting under the Color of

17 Law/Authority.” Id.

18 “(8) To grant any and all further relief/damages which are fair-just and proper by

this [bankruptcy court] for the false imprisonment of [Mr. Bonilla] for the past 23

19 years.” Id.

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“(1) To declare [the State Court criminal conviction] VOID and grant [Mr.

21 Bonilla’s immediate release.” Id., p. 10.

22 “(2) To investigate and prosecute BIAS/PREJUDICE actors of the Conspiracy.”

Id.

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24 “(1) To declare the [State Court criminal conviction] VOID and grant [MR.

Bonilla’s immediate release.” Id., Dckt. p. 13.

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“(2) To investigate and prosecute the BIAS/PREJUDICE defendants/judges.” Id.

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27 As clearly stated by Mr. Bonilla, he is seeking to have this bankruptcy court adjudicate his

assertions that the criminal conviction is improper and void, issue mandatory injunctions for the

28 Form 105 targets to declare the State Court criminal conviction void, issue a mandatory

1 I. The state and federal judges and justices who failed to declare his State Court

2 conviction void have “[f]ailed/refused or neglected to do their statutory, contractual

3 duty was a breach of contract or a duty arising out of a statutory law, is the reason for

4 the action raised in the Bankruptcy Court.” Id. at p. 4:11-14.

5 J. Mr. Bonilla asserts that the state and federal judges and justices that are the Form 105

6 Targets had a statutory duty to act based on his showing of a lack of jurisdiction for

7 the State Court action in which his conviction was entered. Id. at p. 5:10-12.

8 K. With respect to his assertion that a defense of judicial immunity cannot be asserted

9 against his claims,

10 “To clarify this misunderstanding of my claim, I will start by

citing Case law [51 Ariz. 220, 75 P.3d 689], a judge must act within

11 his jurisdiction as to the subject matter and person to entitle him to

immunity for his actions.

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Citing Case Law, [552 F.3d 172], judicial immunity is

13 available only where the judge has jurisdiction. Although immunity

exists when jurisdiction is present even though the judge acts in excess

14 of that jurisdiction, it is not available when he acts in clear absence of

all jurisdiction.”

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Id. at p. 6:9-17.

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L. That if a judge does not have subject matter jurisdiction, then a trial judge has no

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power to act and any judgment or order entered by such judge without subject matter

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jurisdiction is void. Id. at p. 6:10-26.

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M. Mr. Bonilla continues, asserting that a reviewing judge, of a proceeding conducted in

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another court, has only limited jurisdiction to reverse3 the other court’s judgment, but

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injunction for the State of California to release him from incarceration, and either issue a

23 mandatory injunction for others to undertake, or this bankruptcy court itself to undertake, the

investigation and prosecution of all persons that Mr. Bonilla believes have violated his rights.

24 Such are well beyond the limited scope of jurisdiction of the bankruptcy court and the

bankruptcy judges as established by Congress in 28 U.S.C. § 1334 and § 157.

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3The court reads the reference to “reverse,” which is what an appellate court would do, to

28 be declare void.

1 does not have “subject matter” jurisdiction for the proceeding in which the review is

2 sought. Id. at pp. 6:26-28, 7:1-4.

3 N. Further, since the various state and federal judges and justices from whom Mr. Bonilla

4 has sought relief cannot show that there was a subpoena or that it was admitted as an

5 exhibit, cannot claim judicial immunity if they fail to exercise their limited

6 jurisdiction to declare the State Court conviction void.

7 O. Mr. Bonilla discusses for several pages the fraud he asserts was committed on the

8 State Court in the action in which his criminal conviction was entered. Further, this

9 alleged fraud “VITIATES EVERYTHING.” (emphasis in original).

10 P. Mr. Bonilla further asserts that the state and federal judges and justices who are the

11 Form 105 Targets “[i]ntentionally made erroneous rulings with the specific intent to

12 deprive [Mr. Bonilla] of due process, due to them being BIAS/PREJUDICE against

13 pro se, indigent, minority prisoners, like [Mr. Bonilla].” Id. at pp. 10:26-28, 11:1.

14 Q. For his claims against the Form 105 Targets, he summarizes (provided in greater

15 detail in the petition attached to the Response) that:

16 1. Since the State Court conviction is void for lack of jurisdiction,

17 2. And the state and federal judges and justices shown that there was a lack of

18 State Court jurisdiction for his conviction.

19 3. And shown that there was a civil conspiracy to defraud the State Court.

20 4. Each of the Form 105 Targets have a duty to declare the conviction void.

21 5. If a judge lacks jurisdiction or in violation of valid statutes or case law, he/she

22 loses judicial immunity. Mr. Bonilla cites to Bradley v. Fisher, 80 U.S. 335

23 (1871). The Supreme Court in Bradley concludes with the following

24 statement concerning judicial immunity:

25 The exemption of judges of the superior courts of record from

liability to civil suit for their judicial acts existing when there

26 is jurisdiction of the subject-matter, though irregularity and

error attend the exercise of the jurisdiction, the exemption

27 cannot be affected by any consideration of the motives with

which the acts are done. The allegation of malicious or corrupt

28 motives could always be made, and if the motives could be

1 inquired into judges would be subjected to the same vexatious

litigation upon such allegations, whether the motives had or

2 had not any real existence. Against the consequences of their

erroneous or irregular action, from whatever motives

3 proceeding, the law has provided for private parties numerous

remedies, and to those remedies they must, in such cases,

4 resort. But for malice or corruption in their action whilst

exercising their judicial functions within the general scope of

5 their jurisdiction, the judges of these courts can only be

reached by public prosecution in the form of impeachment, or

6 in such other form as may be specially prescribed.

7 Bradley v. Fisher, 80 U.S. 335, 354 (1871). If jurisdiction existed for the

8 matter before the court (such as here, where Mr. Bonilla states that the court

9 has the jurisdiction to declare his state court conviction void), such decision

10 if disagreed with is not the basis for attacking the judge civilly, but must be

11 remedied as provided by law - here an appeal.

12 6. If a judge acts in the exercise of “unconferred jurisdiction” then that subjects

13 him or her to personal liability, citing Turner v. Raynes, 611 F.2d 92, 95

14 (5th Cir. 1980). Id. at p. 12:12-25. The holding in Turner is consistent with

15 that in Bradley, with the Fifth Circuit applying the broad reach of judicial

16 immunity even to a state justice of the peace, even when the plaintiff was

17 asserting a civil rights violation over being convicted of a “nonexistent

18 crime.” The Fifth Circuit considered the “unconferred jurisdiction” as being

19 one in which someone with the title of judge acted outside of the jurisdiction

20 of his or her judgeship, stating:

21 Searching for clues to the Court's position, however, we

cannot ignore another possible reading of footnote 7: that only

22 a clearly inordinate exercise of unconferred jurisdiction by a

judge one so crass as to establish that he embarked on it either

23 knowingly or recklessly subjects him to personal liability.

Probate judges, bankruptcy judges, and like special-purpose

24 magistrates presumably should know, without being driven to

fine distinctions, that they are not to sit in criminal matters.

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Turner v. Raynes, 611 F.2d 92, 95 (5th Cir. 1980). Thus, if the judge has the

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power to act, then immunity exists, even when the judge determines not to

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1 grant the relief requested.4

2 7. Mr. Bonilla repeatedly cites the court to the argument that when the judge

3 “has NO Jurisdiction at all in the particular case” then the judge can be liable

4 for damages to the person against whom the judicial power was exercised if

5 the judge had no jurisdiction. See Id. at pp. 12:26, 13:1-3.

6 8. Mr. Bonilla’s arguments circle back to his assertion that since the subpoena

7 had not been introduced into evidence, then necessarily the trial judge in his

8 State Court criminal matter could not have had jurisdiction to enter the

9 conviction therein and all other judges have no jurisdiction to do anything

10 other than declare that the criminal conviction is void. He continues to argue

11 that other rights he has have been violated. See Id. at pp. 13:24-28, 14:1-11.

12 9. Mr. Bonilla then seeks to assert claims arising under federal law (cited as

13 18 U.S.C. § 04), asserting that the various judges have committed the crime

14 of misprison of a felony by allowing the asserted fraud upon the court in his

15 State Court criminal conviction to go unaddressed. He further asserts that

16 such is “TREASON TO THE CONSTITUTION.” Id. at pp. 16:19-28, 17:1-8

17 (emphasis in original).

18 10. Mr. Bonilla then asserts that since he has brought to the attention of the

19 various judges and justices the alleged violation of 18 U.S.C. § 04, their

20 failure to act causes each of the judges to be liable to him. Further, that the

21 failure to exercise jurisdiction as he has demanded is actionable5. Id.

22 11. Mr. Bonilla asserts that Federal Rule of Bankruptcy Procedure 1006 allowing

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24 4It is interesting that the case Mr. Bonilla cites expressly recognizes that certain judges,

like bankruptcy judges, have a more limited scope of the exercise of federal court jurisdiction, as

25 opposed to district court judges in the federal system and superior court judges (who are the true

26 expansive general jurisdiction judges for state law matters) in the California judicial system.

27 5 By this Mr. Bonilla is again admitting that the various Form 105 Targets had

jurisdiction to act, and as such, were still clothed with judicial immunity notwithstanding their

28 failure to agree with Mr. Bonilla.

1 for waiving of a filing fee for the filing of a voluntary bankruptcy petition by

2 an individual does not by negative implication mean that the fee cannot be

3 waived for an involuntary petition. Mr. Bonilla cites the court to 28 U.S.C.

4 § 1915 for the waiving of a filing fee for an indigent prisoner. Id. at pp.

5 18:19-28, 19:1-4.

6 12. Mr. Bonilla further asserts a violation of federal criminal law 18 U.S.C. § 241

7 arises due to the conspiracy to deprive him of his federal Constitutional

8 Rights. Id. at p. 19:19-28, 20:1-10.

9 RULING ON MOTION FOR RELIEF FROM PRIOR ORDER

10 The court has considered the request to determine what error, if any, was made in the prior

11 order to not file the ninety-eight (98) involuntary bankruptcy petitions. The court has not identified

12 any error.

13 As is clear in this Motion to Reconsider, as was in his original Response, Mr. Bonilla is

14 seeking to have this court adjudicate his assertions that the State Court conviction is void for lack of

15 jurisdiction. This is the fundamental legal issue at the claims he tries to construct. As the Fifth

16 Circuit Court of Appeals has stated, judges in speciality courts exercising a narrower scope of federal

17 court jurisdiction need to “stay in their lanes.”

18 Beginning with the assertion by Mr. Bonilla that he has standing to commence ninety-eight

19 (98) involuntary bankruptcies, the court reviewed in the prior Memorandum Opinion and Decision

20 and Order Thereon (Dckt. 120) the basic statutory requirements found in 11 U.S.C. § 303(b). Mem.

21 Op. and Dec., p. 12:10-23. To have standing to commence an involuntary case the creditor must have

22 a claim (obligation to be paid money) that is:

23 (1) Not contingent as to liability

24 (2) Not subject to bona fide dispute as to liability

25 (3) Not subject to bona fide dispute as to amount

26 While Mr. Bonilla argues passionately that there can be no bona fide dispute and no claim of

27 judicial immunity because all of the judges and justices lacked jurisdiction to no act, but only had

28 jurisdiction to issue the order he demanded, he admits that they had jurisdiction to act. He

1 necessarily admits that they can assert judicial immunity as a defense to such claims as he seeks to

2 assert. Further, there is no amount identifiable as being owed, but only the $3,000,000,000 amounts

3 asserted.

4 The more strenuously Mr. Bonilla argues that there can be no bona fide dispute because all

5 of the ninety-eight (98) judges and justices cannot claim judicial immunity because they each lacked

6 jurisdiction to do anything other than grant the relief he demanded, the more Mr. Bonilla highlights

7 that there is necessarily a bona fide dispute as demonstrated by the court’s denying the relief

8 requested. If jurisdiction exists, it exists to grant or not grant relief requested.

9 Additionally, as is well shown by Mr. Bonilla’s arguments in the Motion to Reconsider, he

10 is seeking to have this court adjudicate that his State Court criminal conviction is void and must be

11 set aside. That is well beyond the scope of a federal bankruptcy judge. Framing it as having civil

12 claims based on the assertion that the criminal conviction is void necessarily would require this court

13 to go beyond the jurisdiction of the federal bankruptcy court and adjudicate criminal law issues.

14 Non-Waiver of Involuntary Bankruptcy Filing Fees

15 Mr. Bonilla directs the court back to 28 U.S.C. § 1915, asserting that when the Supreme Court

16 in Federal Rule of Bankruptcy Procedure 1006 limited the fee waiver to voluntary cases by an

17 individual such does not really limit such when it comes to an indigent prisoner. While referencing

18 this general provision relating to filing fees, Mr. Bonilla misses the specific statute enacted by

19 Congress with respect to filing fees in bankruptcy cases and the waiving thereof - 28 U.S.C. § 1930.

20 In 28 U.S.C. § 1930(a)(1) Congress first states that parties commencing a bankruptcy case

21 shall (not may) pay the filing fee of $245.00 for commencing a Chapter 7 case. Congress then creates

22 an exception to the above shall requirement, providing that the Judicial Conference of the United

23 States shall proscribe the procedures by which a district court or a bankruptcy court may waive the

24 filing fee for:

25 (1) an individual;

26 (2) if that individual has an income less than 150 percent of the income official

27 poverty line, and the individual cannot pay in installments; and

28 (3) that the court may waive for such debtor other fees proscribed under 28 U.S.C.

1 § 1930(b) and (c).

2 28 U.S.C. § 1930(f). This is the specific statute directly on point. The court addressed in the prior

3 Memorandum Opinion and Decision and Order Thereon (Dckt. 120) the various rules, regulations,

4 and procedural requirements that tie the waiver to the individual debtor filing a voluntary bankruptcy

5 case. Merely citing back to a general fee statute does not change that analysis. See RadLAX Gateway

6 Hotel, LLC v. Amalgamated Bank, 566 U.S. 639, 645 (2012):

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A well established canon of statutory interpretation succinctly captures the

8 problem:“[I]t is a commonplace of statutory construction that the specific governs the

general.” Morales v. Trans World Airlines, Inc., 504 U.S. 374, 384, 112 S. Ct. 2031,

9 119 L. Ed. 2d 157 (1992). That is particularly true where, as in §1129(b)(2)(A),

“Congress has enacted a comprehensive scheme and has deliberately targeted specific

10 problems with specific solutions.” Varity Corp. v. Howe, 516 U.S. 489, 519, 116 S.

Ct. 1065, 134 L. Ed. 2d 130 (1996) (Thomas, J., dissenting); see also HCSC-Laundry

11 v. United States, 450 U.S. 1, 6, 101 S. Ct. 836, 67 L. Ed. 2d 1 (1981) (per curiam) (the

specific governs the general “particularly when the two are interrelated and closely

12 positioned, both in fact being parts of [the same statutory scheme]”).

13 Congress expressly provides that it is under the procedures proscribed by the Judicial Conference,

14 and the statute does not further state “and any other statute enacted by Congress,” and only those

15 procedures, that a district court or bankruptcy court may waive the filing fees - which do not include

16 the waiving of the fees for commencing an involuntary Chapter 7 bankruptcy case. Relief from the

17 prior order denying Mr. Bonilla’s request for waiver of the ninety-eight (98) involuntary bankruptcy

18 petition filing fees is denied.

19 In concluding, the court notes that the extremely detailed, well articulated contentions and

20 arguments advanced by Mr. Bonilla demonstrate that his desire to commence involuntary bankruptcy

21 cases against the judges and justices who are not granting the relief he seeks in their exercise of their

22 federal and state court jurisdiction clearly documents that they are a backdoor attempt to have a

23 limited scope jurisdiction federal speciality court adjudicate his assertion that the State Court

24 conviction is void for lack of jurisdiction. While that is his desire, jurisdiction arising under

25 28 U.S.C. § 1334 as exercised by this bankruptcy court does not go that far.

26 The Motion for Relief From the Prior Order of this Court (Dckt. 120) is denied.

27 This Memorandum Opinion and Decision, which incorporates herein the prior Memorandum

28 Opinion and Decision and Order Thereon (Dckt. 120) by this reference, constitutes the court’s

1 Findings of Fact and Conclusions of Law in denying the present Motion.

2 The court shall issue a separate order consistent with this Ruling.

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1 Instructions to Clerk of Court

2 Service List - Not Part of Order/Judgment

3 The Clerk of Court is instructed to send the Order/Judgment or other court generated document

transmitted herewith to the parties below. The Clerk of Court will send the document via the

4 BNC or, if checked _XX__, via the U.S. mail.

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Steven Wayne Bonilla

6 J-48500, 3-EY-13

San Quentin, CA 94974

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